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Exclusionary Rule Has Its Place In Blood Draw Cases…For Now
People v. Turner, 2018 IL App (1st) 170204 (February). Episode 462 (Duration 9:30)
Good faith exception saves this warrantless blood draw.
Collision
Shortly after 10 p.m. on July 2, 2011, the defendant’s pickup truck collided with a motorcycle carrying two persons.
The truck and motorcycle had collided in an intersection. The driver of the motorcycle, James McFall, was killed; his wife, Kasey McFall, sustained serious injuries. The defendant was taken to the emergency room at St. James Hospital, where two blood samples were drawn from him.
Officer Murphy recalled that the defendant’s “speech was slurred and mumbled” when he spoke to hospital staff and that his eyes were “glassy and bloodshot.”
Not High Speeds
Based on the extent of deformation of the motorcycle’s wheelbase, Coulom calculated that the motorcycle’s speed at impact was approximately 25 miles per hour. Using another formula, he determined “an approximate speed of 23 miles per hour which was consistent with the 25 [miles per hour] I got with the wheelbase deformation.”
He applied a separate “energy formula” to estimate that the pickup truck’s speed was between 13 and 15 miles per hour at the time of the collision. Officer Coulom testified that the pickup truck’s “black box” data recorder reflected that five seconds prior to the crash, the truck’s speed was approximately 10 miles per hour.
The recorder indicated that the truck’s brakes were applied five seconds before the impact.
Blood Samples
According to Escamilla’s records, the defendant admitted to a nurse that he was drinking alcohol before the accident.
The first blood draw was taken pursuant to a physician’s order as a part of his emergency room treatment, at approximately 10:46 p.m. At the request of police, nurses performed a second blood draw for inclusion in a “DUI kit” shortly after midnight on July 3, 2011.
Both tests indicated that the defendant’s blood alcohol content was above the legal limit. The hospital blood was 0.142 and the ISP blood was .118.
Charged With Aggravated DUI
The defendant was charged with 10 counts of aggravated driving under the influence of alcohol and reckless homicide.
Defendant Says He Didn’t Consent
Defendant testified that at the hospital, he was asked for a blood sample “around three to four times” by nurses, in the presence of police. He stated that he “continually asked the reason why they wanted to draw blood” but was given no reason. He further testified that at some point he was told “that in order for me to go home that I would have to give a blood sample.”
He claimed that he never consented to the DUI kit blood draw.
State Says When There Is A Death That’s Different
The State argued that McNeely was distinguishable and that the DUI kit blood draw was permissible under section 11-501.2 of the Illinois Vehicle Code (Code), which states that “if a law enforcement officer has probable cause to believe that a motor vehicle driven by *** a person under the influence of alcohol *** has caused the death or personal injury to another, that person shall submit, upon the request of a law enforcement officer, to a chemical test or tests of his or her blood, breath or urine for the purpose of determining the alcohol content thereof.” 625 ILCS 5/11-501.2(c)(2) (West 2010).
8 Year Sentence
The court found that the defendant’s failure to yield was the proximate cause of James McFall’s death and Kasey McFall’s injuries. Accordingly, the court found the defendant guilty of all 10 charged counts. The trial court sentenced the defendant to two concurrent eight-year sentences on counts I and V.
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By Police NuggetsPeople v. Turner, 2018 IL App (1st) 170204 (February). Episode 462 (Duration 9:30)
Good faith exception saves this warrantless blood draw.
Collision
Shortly after 10 p.m. on July 2, 2011, the defendant’s pickup truck collided with a motorcycle carrying two persons.
The truck and motorcycle had collided in an intersection. The driver of the motorcycle, James McFall, was killed; his wife, Kasey McFall, sustained serious injuries. The defendant was taken to the emergency room at St. James Hospital, where two blood samples were drawn from him.
Officer Murphy recalled that the defendant’s “speech was slurred and mumbled” when he spoke to hospital staff and that his eyes were “glassy and bloodshot.”
Not High Speeds
Based on the extent of deformation of the motorcycle’s wheelbase, Coulom calculated that the motorcycle’s speed at impact was approximately 25 miles per hour. Using another formula, he determined “an approximate speed of 23 miles per hour which was consistent with the 25 [miles per hour] I got with the wheelbase deformation.”
He applied a separate “energy formula” to estimate that the pickup truck’s speed was between 13 and 15 miles per hour at the time of the collision. Officer Coulom testified that the pickup truck’s “black box” data recorder reflected that five seconds prior to the crash, the truck’s speed was approximately 10 miles per hour.
The recorder indicated that the truck’s brakes were applied five seconds before the impact.
Blood Samples
According to Escamilla’s records, the defendant admitted to a nurse that he was drinking alcohol before the accident.
The first blood draw was taken pursuant to a physician’s order as a part of his emergency room treatment, at approximately 10:46 p.m. At the request of police, nurses performed a second blood draw for inclusion in a “DUI kit” shortly after midnight on July 3, 2011.
Both tests indicated that the defendant’s blood alcohol content was above the legal limit. The hospital blood was 0.142 and the ISP blood was .118.
Charged With Aggravated DUI
The defendant was charged with 10 counts of aggravated driving under the influence of alcohol and reckless homicide.
Defendant Says He Didn’t Consent
Defendant testified that at the hospital, he was asked for a blood sample “around three to four times” by nurses, in the presence of police. He stated that he “continually asked the reason why they wanted to draw blood” but was given no reason. He further testified that at some point he was told “that in order for me to go home that I would have to give a blood sample.”
He claimed that he never consented to the DUI kit blood draw.
State Says When There Is A Death That’s Different
The State argued that McNeely was distinguishable and that the DUI kit blood draw was permissible under section 11-501.2 of the Illinois Vehicle Code (Code), which states that “if a law enforcement officer has probable cause to believe that a motor vehicle driven by *** a person under the influence of alcohol *** has caused the death or personal injury to another, that person shall submit, upon the request of a law enforcement officer, to a chemical test or tests of his or her blood, breath or urine for the purpose of determining the alcohol content thereof.” 625 ILCS 5/11-501.2(c)(2) (West 2010).
8 Year Sentence
The court found that the defendant’s failure to yield was the proximate cause of James McFall’s death and Kasey McFall’s injuries. Accordingly, the court found the defendant guilty of all 10 charged counts. The trial court sentenced the defendant to two concurrent eight-year sentences on counts I and V.